CHAPTER II.

THE RUEF BOARD OF SUPERVISORS.

No observer of San Francisco politics, not even Ruef himself, had

expected the entire Union-Labor party ticket to be elected. The election

of the Supervisors was the greatest surprise of all. Ruef, with his

political intimates, had selected the Supervisorial candidates, but more

with a view to hold the organized labor vote for Schmitz than with idea

of the fitness of the candidates for the duties involved in managing the

affairs of a municipality of 500,000 population.[15] Not one of the

eighteen elected was a man of strong character.[16] Several were of

fair, but by no means exceptional ability. Of this type were Gallagher,

an attorney of some prominence who acted as go-between between Ruef and

the Supervisors; Wilson, who was a sort of second man to Gallagher, and

Boxton, a dentist.

But for the most part they were men who had led uneventful lives as

drivers of delivery wagons, bartenders and clerks. Without an exception,

they saw in their unexpected elevation to the Board of Supervisors

opportunity to better their condition. Some of them would not, perhaps,

have sought bribes; few of them knew just how they could employ their

office to their best advantage; but from the hour of their election the

idea of personal advancement was uppermost in the minds of the majority

of the members of the Schmitz-Ruef Board of Supervisors.[17] Their

ignorance of the requirements of their office, their failure to

appreciate their large responsibilities, and above all their ill-defined

ambitions made them promise of easy prey for the agents of the

public-service corporations, who were playing for special privileges

worth millions.

None realized this better than Ruef. From the beginning, he recognized

that the likelihood of individual members of the board yielding to

temptation to petty gain[18] threatened his own larger purposes. He let

it be known that he would himself personally prosecute any one of them

whom he discovered to be "grafting." Ruef was emphatic in his position

that the Supervisors should have no financial dealings with those

seeking special-privilege advantages. He even defined regular procedure

for dealing with persons and corporations that might elect to catch the

easiest way to accomplish their purposes by the use of bribe money. To

this end he arranged:

(1) That Supervisor James L. Gallagher[19] should represent him on the

board. The Supervisors at once accepted Gallagher, and dealt with him

as Ruef's recognized agent.

(2) Finally Ruef arranged for a regular weekly caucus[20] to be held

each Sunday night, on the eve of the regular meeting day of the board,

Monday.

The public was not admitted to these caucuses. Those who were admitted

were Ruef, Mayor Schmitz, George B. Keane,[21] clerk of the Board of

Supervisors, who also acted as secretary of the caucus, and the eighteen

Supervisors.

At these meetings, which were held every Sunday evening, Ruef was the

dominating figure. Supervisor Wilson, testifying at the graft trials,

stated that Ruef took the position of "chief counsel and adviser for the

board in matters that were to come before the board."

Keane, as secretary of the caucus, took full notes[22] of the

proceedings and sent written notices[23] of the meetings to each of

those who were admitted.

The first of these caucuses was held shortly before the Schmitz-Ruef

board took office. The organization of the board was provided by the

Supervisors authorizing Ruef and Schmitz to make up the committees. Ruef

undertook the task. He prepared the committee lists, and submitted his

selections to Schmitz and Gallagher. Schmitz and Gallagher suggested

unimportant changes. The committees were then announced to the

Supervisors at the next caucus. There were objections raised, but these

objections, with one exception, were denied in all important

particulars. The organization of the Schmitz-Ruef Board of Supervisors

was thus perfected.

Ruef's way seemed clear. The committee organization of the Board of

Supervisors was his own. The Supervisors were to hold no open meeting

until they had met with him in secret caucus to ascertain his wishes.

The official clerk of the board, who was also secretary of the caucus,

was his tried henchman. Gallagher, the ablest of the Supervisors,

flattered at being made his representative, and further bound by

mercenary ties, was ready to do his slightest bidding. And never had

entrenched boss more fruitful field for exploitation.

But scarcely had the new administration been installed, than a weak

point developed in Ruef's position. District Attorney William H.

Langdon, who had been elected on the Ruef ticket, gave evidence that he

proposed to enforce the law, regardless of the effect upon the

administration of which he was a part, or upon Ruef's plans and

interests.

The first intimation the public had of Langdon's independent attitude

came when gambling games in which Ruef was popularly supposed to be

interested were raided under the personal direction of the District

Attorney. Langdon had first attempted to close the places through the

police department. Failing, he had attended to the matter himself.[24]

The gamblers appealed to Ruef, but Ruef was helpless. Langdon would not

be turned from his purpose. The gamblers and capitalists interested in

gambling establishments charged Langdon with political ingratitude.

But those who were laboring for the development, and were opposing the

exploitation of San Francisco, saw in Langdon's course the first sign

that Abraham Ruef was not to have undisputed sway in San Francisco.[25]

With Langdon in the District Attorney's office it was still possible

that the laws could be enforced--even against Abraham Ruef. The raiding

of the gambling dens marked the beginning of the division in San

Francisco, with those who approached the Ruef administration with bribe

money on the one side, and those who resisted with the check of law

enforcement on the other.

FOOTNOTES:

[15] At Ruef's trial for offering a bribe to Supervisor Furey,

Supervisor James L. Gallagher testified that conferences for

selecting the Union Labor party ticket, from Sheriff down, were

held at Ruef's office. Gallagher testified of one of these

conferences:

"The matter of the nominees for Supervisors was mentioned, and all

that I recollect about it is that it was stated that there

should be a good representation of prominent Union-Labor men on

the ticket, and Mr. Ruef stated that he had that in mind, and

that that would be done, and it was also stated that the members

on the Board of Supervisors that were Union-Labor adherents

should be nominated." See The People vs. Abraham Ruef, No.

1437--Transcript on Appeal, Part 3, Vol. 3, page 1278.

[16] The eighteen members of the Ruef-Schmitz Board of Supervisors

were James L. Gallagher, attorney at law; Cornelius J.

Harrigan, grocer; James T. Kelly, piano polisher; Thomas F.

Lonergan, driver of a bakery delivery wagon; Max Mamlock,

electrician; P. M. McGushin, saloonkeeper; F. P. Nicholas,

carpenter; Jennings J. Phillips, employed in newspaper

circulation department; L. A. Rea, painter; W. W. Sanderson,

employed in grocery store; E. I. Walsh, shoemaker; Andrew M.

Wilson, employing drayman; George Duffey, contracting plumber;

Charles Boxton, dentist; M. W. Coffey, hackman; Daniel G.

Coleman, clerk; Sam Davis, orchestra musician; John J. Furey,

blacksmith and saloonkeeper.

At the time the graft prosecution opened, Wilson had resigned

his position as Supervisor to take up his work as State

Railroad Commissioner, an office to which he was elected in

1906; and Duffey to be president of the Municipal Commission of

Public Works, to which office he was appointed by Mayor

Schmitz.

[17] Supervisor E. I. Walsh in a sworn statement made to Heney,

March 8, 1907, testified:

"Q. And what was agreed upon there (in caucus) as to programme?

A. I couldn't say what was agreed upon with them.

"Q. Wasn't it arranged that every man should be treated alike

as to money? A. It wasn't openly suggested that way; it might

have been said among the members that way.

"Q. That was the understanding you had. A. Yes, sir.

"Q. That you would be all treated equally and fairly? A. I

presume that was the way it was understood."

Supervisor Lonergan had been promised by Supervisor Wilson

$8000 for voting to give the United Railroads a permit to

operate its lines under the trolley system. At a second meeting

Wilson stated the amount would be $1000 only. Of the scene on

this occasion, Lonergan testified at the trial in the case of

the People vs. Ford. No. 817:

"Q. What did he (Wilson) say on that occasion? A. There was

only $4000 in it for me.

"Q. What did you say. A. I asked him what the hell kind of work

that was and what did he mean by it. And he shook his head and

said that if I didn't like it, all right; something to that

effect."

[18] Evidence of Ruef's distrust of his Supervisors was brought out

at many points in the graft trials. When he discovered that

individual Supervisors were, without his knowledge, taking

bribes from the Pacific States Telephone and Telegraph Company,

he stated to Dr. Joseph S. Poheim:

"I see they have been trying to take my Supervisors away from

me, but I have fixed them; I would like to see one of them

throw me down." (See Transcript, People vs. Ruef, 1437, Part 3,

Vol. 9, p. 4018.) In the midst of the troubles brought upon him

by the graft prosecution, Ruef complained that "These fellows

(the Supervisors) would eat the paint off a house, and in order

to hold them together I had to descend to their level and take

them in with me."

Ruef was also jealous of Schmitz's activity. When he learned

that Schmitz had promised franchises independent of him, he

directed Supervisor Wilson to oppose them. "Butt in on this

Parkside business," he said to Wilson. "Mr. Schmitz has

promised the Ocean Shore and the Parkside; he is destroying my

political influence; these people ought to be made to come and

see me."

[19] Gallagher was by far the ablest member of the Ruef-Schmitz

Board of Supervisors. He was by profession an attorney at law.

In that capacity he had served first as Assistant City

Attorney, and finally as City Attorney. For a time he was law

partner with Hon. James G. Maguire, whose opposition, as member

of Congress from California, to the Pacific railroads refunding

measures, won him a national reputation. Maguire was candidate

for Governor on the Democratic ticket in 1898, but was

defeated. Gallagher had served as Supervisor previous to his

election in 1905, and was one of the most experienced members

of the Schmitz-Ruef board.

At Ruef's trial on the charge of offering a bribe to Supervisor

Furey, Gallagher testified that soon after his election in

1905, Ruef told him there would be a number of matters coming

before the Board of Supervisors in which the corporations and

other large concerns would be interested; that there would be a

number of large deals coming before the board in which he

wanted him (Gallagher) to represent him on the board. Gallagher

accepted the agency.

[20] Gallagher testified before the Oliver Grand Jury of the nature

of these caucuses. From his testimony the following is taken:

"Q. They (the Supervisors) voted in the caucus and you knew how

the vote would be. A. Yes, sir.

"Q. And they would be bound by the caucus vote. A. That was

understood that a man would vote at the caucus in the way he

would vote at the meeting.

"Q. You were understood to represent Mr. Ruef and Mr. Ruef's

views. A. That was generally understood by members of the

board.

"Q. And whatever way you went meant programme. A. I believe Mr.

Ruef told a number of them so, and that circulated among the

others; it was generally understood by them."

[21] Keane's lasting loyalty to Ruef makes him one of the most

interesting characters of the graft cases. He entered Ruef's

employ in 1898 as a law clerk. He remained in Ruef's office

until January, 1902, when Mayor Schmitz took office. Keane was

then made secretary to the Mayor. He served in that capacity

until January, 1906, when Ruef gained control of the Board of

Supervisors. Ruef then made him clerk of the board. At Ruef's

trial for offering a bribe to Supervisor Furey, Gallagher

testified that Ruef told him that Keane should be clerk.

Gallagher notified the other members of Ruef's decision, and

that closed the incident. Keane was, however, much more than a

mere clerk. Supervisor Wilson testified at the Ruef trial for

offering a bribe to Furey, that he (Wilson) owed his nomination

to Keane. Keane was elected to the State Senate where his

loyalty to Ruef in foul as well as fair weather made him a

conspicuous and somewhat notorious character. At present

writing, Keane is foremost in the movement to bring about

Ruef's release from State prison.

[22] At Ruef's trial on the charge of offering a bribe to Supervisor

Furey, Keane testified that these notes had been destroyed in

the great fire of April 18-19-20, 1906. Keane testified further

that Ruef was a constant attendant at the caucuses; that

Schmitz was an occasional visitor; that Supervisor Gallagher

presided.

[23] Notices of the caucus meetings were sent to Ruef precisely as

though he had been a member of the Board of Supervisors. At

Ruef's trial for offering a bribe to Supervisor Furey, the

following letter of notification was introduced as evidence:

"San Francisco, June 21st, 1906.

"Hon. A. Ruef, San Francisco--Dear Sir: I respectfully beg

leave to notify you that the Board of Supervisors will meet in

caucus on Sunday evening, June 24th, at 8 o'clock p. m., at

Hamilton Hall, Steiner street, near Geary. Your attendance is

respectfully requested.

"Yours truly, GEORGE B. KEANE, Clerk."

[24] The San Francisco Chronicle in its issue of March 8, 1906, said

of the District Attorney's raids on the gamblers:

"The political push and the underworld generally are astonished

at District Attorney Langdon's unexpected outbreak. He has

descended upon them like a thunderbolt out of a clear sky. For

the moment even wrath is less in evidence than surprise. It was

not expected. It is not what was paid for. It is like being

murdered by one's dearest friend. There is a complete reversal

of the usual experience of mankind. In most cities the lid is

on and weighed down before election but lifted and thrown away

as soon as the votes are counted. To be allowed to run wide

open before election and to be closed down and nailed up as

soon as the new official is fairly seated is outside of all

precedent. And all that after the most liberal contributions.

There is a feeling in criminal circles that somebody is guilty

of obtaining money under false pretenses. The District Attorney

is the one official for whose friendship the lawbreakers have

the most earnest longings, and behind their closed doors the

idle gamblers are trying to figure out what 'lay' this dreadful

Langdon is really on, and by what trade he has been induced to

ignore all the promises expressed or implied, which those

assumed to be able to speak for him dispersed so freely when

votes were in demand.

"As for the public, it was for none of these things. Among the

decent portion of society the 'motives' of the District

Attorney do not arouse even passing curiosity. What does

interest them is the present vigor of his work, and the

probability of his keeping it up."

[25] Ruef had consented to Langdon's nomination for District

Attorney, because he considered that Langdon's intimate

acquaintance with the teachers and pupils of the San Francisco

public schools would help the ticket. For the three years

preceding the campaign Langdon had been Superintendent of

Schools at San Francisco. Ruef told Langdon after the election

that he had no idea that any one other than Schmitz could be

elected on the Union-Labor party ticket that year. When during

the campaign Langdon began to develop strength in the contest

for District Attorney, Ruef sent him a check for $200 for

"campaign expenses," saying that the money had been contributed

by Tirey L. Ford of the United Railroads. Langdon returned the

check to Ruef with the statement that he preferred to pay his

own campaign expenses. During the campaign at every meeting he

addressed, Langdon made the statement: "The laws are on the

statute books; all may know them. I pledge myself to the

enforcement of these laws." To be sure, few if any paid much

attention to what Langdon meant, but that was no fault of

Langdon's. Everybody was to learn from the hour that he assumed

the duties of his office that he meant just what he said.

Rudolph Spreckels testified at the Calhoun trial that when

Langdon's raids on the gambling dens were made public he felt

that "we had a District Attorney who was desirous of doing his

duty." The raids were made in February, 1906. Spreckels, Heney,

Phelan, Older and others were already considering plans for the

exposure and check of the reign of Ruef.

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